Supplanting the US Constitution: War, National Emergency and 'Continuity of Government'

This just came in from Consuelo. I remember reading about the "Shadow Government" in a headline news article in Seattle sometime after 9/11. I'm positive I kept it as part of my files. At the time I thought that would open some eyes around me... but it didn't... not even when the article said the plan was only to save the Executive Branch and not the Congress or the Supreme Court. Anyone else remember seeing that? Anyway, I like this man's style and approach and plan to read more of what he's written, especially what he's posted for free online. :) Thanks Con!

Supplanting the US Constitution: War, National Emergency and 'Continuity of Government'

by Peter Dale Scott

Recently by Peter Dale Scott: Opium and the CIA: Can the US Triumph in the Drug-Addicted War in Afghanistan?

In July 1987, during the Iran-Contra Hearings grilling of Oliver North, the American public got a glimpse of “highly sensitive” emergency planning North had been involved in. Ostensibly these were emergency plans to suspend the American constitution in the event of a nuclear attack (a legitimate concern). But press accounts alleged that the planning was for a more generalized suspension of the constitution.

As part of its routine Iran-contra coverage, the following exchange was printed in the New York Times, but without journalistic comment or follow-up:

[Congressman Jack] Brooks: Colonel North, in your work at the N.S.C. were you not assigned, at one time, to work on plans for the continuity of government in the event of a major disaster?

Both North’s attorney and Sen. Daniel Inouye, the Democratic Chair of the Committee, responded in a way that showed they were aware of the issue:

Brendan Sullivan [North's counsel, agitatedly]: Mr. Chairman?

[Senator Daniel] Inouye: I believe that question touches upon a highly sensitive and classified area so may I request that you not touch upon that?

Brooks: I was particularly concerned, Mr. Chairman, because I read in Miami papers, and several others, that there had been a plan developed, by that same agency, a contingency plan in the event of emergency, that would suspend the American constitution. And I was deeply concerned about it and wondered if that was an area in which he had worked. I believe that it was and I wanted to get his confirmation.

Inouye: May I most respectfully request that that matter not be touched upon at this stage. If we wish to get into this, I'm certain arrangements can be made for an executive session.

But we have never heard if there was or was not an executive session, or if the rest of Congress was ever aware of the matter. According to James Bamford, “The existence of the secret government was so closely held that Congress was completely bypassed.” (Key individuals in Congress were almost certainly aware.)

Brooks was responding to a story by Alfonzo Chardy in the Miami Herald. Chardy’s story alleged that Oliver North was involved with the Federal Emergency Management Agency (FEMA) in plans to take over federal, state and local functions during a national emergency. This planning for “Continuity of Government” (COG) called for “suspension of the Constitution, turning control of the government over to the Federal Emergency Management Agency, emergency appointment of military commanders to run state and local governments and declaration of martial law.”

To my knowledge no one in the public (including myself) attached enough importance to the Chardy story. Chardy himself suggested that Reagan’s Attorney General, William French Smith, had intervened to stop the COG plan from being presented to the President. Seven years later, in 1994, Tim Weiner reported in the New York Times that what he called “The Doomsday Project” – the search for “ways to keep the Government running after a sustained nuclear attack on Washington” –had “less than six months to live.”

To say that nuclear attack planning was over was correct, but this statement was also very misleading. On the basis of Weiner’s report, the first two books on COG planning, by James Bamford and James Mann, books otherwise excellent and well-informed, reported that COG planning had been abandoned. They were wrong.

Mann and Bamford did report that, from the beginning, two of the key COG planners on the secret committee were Dick Cheney and Donald Rumsfeld, the two men who implemented COG under 9/11. What they and Weiner did not report was that under Reagan the purpose of COG planning had officially changed: it was no longer for arrangements “after a nuclear war,” but for any "national security emergency." This was defined in Executive Order 12656 of 1988 as: “any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States.”

In other words extraordinary emergency measures, originally designed for an America devastated in a nuclear attack, were now to be applied to anything the White House considered an emergency. Thus Cheney and Rumsfeld continued their secret planning when Clinton was president; both men, both Republicans, were heads of major corporations and not even in the government at that time. Moreover, Andrew Cockburn claims that the Clinton administration, according to a Pentagon source, had “no idea what was going on.” (As I shall explain later, this sweeping claim needs some qualification.)

The expanded application of COG to any emergency was envisaged as early as 1984, when, according to Boston Globe reporter Ross Gelbspan,

Lt. Col. Oliver North was working with officials of the Federal Emergency Management Agency . . . to draw up a secret contingency plan to surveil political dissenters and to arrange for the detention of hundreds of thousands of undocumented aliens in case of an unspecified national emergency. The plan, part of which was codenamed Rex 84, called for the suspension of the Constitution under a number of scenarios, including a U.S. invasion of Nicaragua.

Clearly 9/11 met the conditions for the imposition of COG measures, and we know for certain that COG planning was instituted on that day in 2001, before the last plane had crashed in Pennsylvania. The 9/11 Report confirms this twice, on pages 38 and 326. It was under the auspices of COG that Bush stayed out of Washington on that day, and other government leaders like Paul Wolfowitz were swiftly evacuated to Site R, inside a hollowed out mountain near Camp David.

What few have recognized is that, nearly a decade later, some aspects of COG remain in effect. COG plans are still authorized by a proclamation of emergency that has been extended each year by presidential authority, most recently by President Obama in September 2009. COG plans are also the probable source for the 1000-page Patriot Act presented to Congress five days after 9/11, and also for the Department of Homeland Security’s Project Endgame – a ten-year plan, initiated in September 2001, to expand detention camps, at a cost of $400 million in Fiscal Year 2007 alone.

At the same time we have seen the implementation of the plans outlined by Chardy in 1987: the warrantless detentions that Oliver North had planned for in Rex 1984, the warrantless eavesdropping that is their logical counterpart, and the militarization of the domestic United States under a new military command, NORTHCOM. Through NORTHCOM the U.S. Army now is engaged with local enforcement to control America, in the same way that through CENTCOM it is engaged with local enforcement to control Afghanistan and Iraq.

We learned that COG planning was still active in 2007, when President Bush issued National Security Presidential Directive 51 (NSPD 51). This, for the sixth time, extended for one year the emergency proclaimed on September 14, 2001. It empowered the President to personally ensure "continuity of government" in the event of any "catastrophic emergency." He announced that NSPD 51 contains "classified Continuity Annexes" which shall "be protected from unauthorized disclosure." Under pressure from his 911truth constituents, Congressman Peter DeFazio of the Homeland Security Committee twice requested to see these Annexes, the second time in a letter signed by the Chair of his committee. His request was denied.

The National Emergencies Act, one of the post-Watergate reforms that Vice-President Cheney so abhorred, specifies that: “Not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated” (50 U.S.C. 1622, 2002). Yet in nine years Congress has not once met to discuss the State of Emergency declared by George W. Bush in response to 9/11, a State of Emergency that remains in effect today. Appeals to the Congress to meet its responsibilities to review COG have fallen on deaf ears.

Former Congressman Dan Hamburg and I appealed publicly last year, both to Obama to terminate the emergency, and to Congress to hold the hearings required of them by statute. But Obama, without discussion, extended the 9/11 Emergency again on September 10, 2009; and Congress has continued to ignore its statutory obligations. One Congressman explained to a constituent that the provisions of the National Emergencies Act have now been rendered inoperative by COG. If true, this would seem to justify Chardy’s description of COG as suspension of the Constitution. Are there other parts of the Constitution that have been suspended? We do not know, and the Chair of the Homeland Security Committee has been told he cannot find out.

Plans drafted by a secret committee, including corporation heads not in the government, have provided rules that allegedly override public law and the separation of powers that is at the heart of the Constitution. Congress is derelict in addressing this situation. Even Congressman Kucinich, the one Congressman I have met, will not answer my communications on this subject.

Yet as I see it, the only authorization for the COG planning was a secret decision by President Reagan (NSDD 55 of September 14, 1982) which in effect federalized the counterinsurgency planning (called Cable Splicer), which he had authorized in California when governor there.

It is clear that the planning by Cheney, Rumsfeld and others in the last two decades was not confined to an immediate response to 9/11. The 1000-page Patriot Act, dropped on Congress as promptly as the Tonkin Gulf Resolution had been back in 1964, is still with us; Congress has never seriously challenged it, and Obama quietly extended it on February 27 of this year.

We should not forget that the Patriot Act was only passed after lethal anthrax letters were mailed to two crucial Democratic Senators – Senators Daschle and Leahy – who had initially questioned the bill. After the anthrax letters, however, they withdrew their initial opposition. Someone – we still do not know who – must have planned those anthrax letters well in advance. This is a fact most Americans do not want to think about.

Someone also must have planned the unusual number of war games taking place on 9/11. COG planners and FEMA had been involved in war games planning over the previous two decades; and on 9/11 FEMA was again involved with other agencies in preparing for Operation Tripod, a bioterrorism exercise in New York City.

Someone also must have planned the new more restrictive instructions, on June 1, 2001, determining that military interceptions of hijacked aircraft had to be approved “at the highest levels of government” (i.e. the President, Vice-President, or Secretary of Defense). The Report attributes this order to a JCS Memo of June 1, 2001, entitled “Aircraft Piracy (Hijacking) and Destruction of Derelict Airborne Objects.” But the written requirements had been less restrictive before June 1, 2001, and I am informed that the change was quietly revoked the following December.

In The Road to 9/11 I suggest the change in the JCS memo came from the National Preparedness Review in which President Bush authorized Vice-President Cheney, together with FEMA, “to tackle the… task of dealing with terrorist attacks.” Not noticed by the press was the fact that Cheney and FEMA had already been working on COG planning as a team throughout the 1980s and 1990s.

As I wrote above, it is necessary to qualify a Pentagon official’s claim (to author Andrew Cockburn) that the Clinton administration had “no idea what was going on” in COG. Let me quote from my response to Cockburn’s book in my own, The Road to 9/11:

[Weiner’s] article persuaded authors James Mann and James Bamford that Reagan’s COG plans had now been abandoned, because “there was, it seemed, no longer any enemy in the world capable of . . . decapitating America’s leadership.” In fact, however, only one phase of COG planning had been terminated, a Pentagon program for response to a nuclear attack. Instead, according to author Andrew Cockburn, a new target was found:

Although the exercises continued, still budgeted at over $200 million a year in the Clinton era, the vanished Soviets were now replaced by terrorists. . . . There were other changes, too. In earlier times the specialists selected to run the “shadow government” had been drawn from across the political spectrum, Democrats and Republicans alike. But now, down in the bunkers, Rumsfeld found himself in politically congenial company, the players’ roster being filled almost exclusively with Republican hawks. . . . “You could say this was a secret government-in-waiting. The Clinton administration was extraordinarily inattentive, [they had] no idea what was going on.”

Cockburn’s account requires some qualification. Richard Clarke, a Clinton Democrat, makes it clear that he participated in the COG games in the 1990s and indeed drafted Clinton ’s Presidential Decision Directive (PDD) 67 on “Enduring Constitutional Government and Continuity of Government.” But COG planning involved different teams for different purposes. It is quite possible that the Pentagon official was describing the Department of Defense team dealing with retaliation.

The Pentagon official’s description of a “secret government-in-waiting” (which still included both Cheney and Rumsfeld) is very close to the standard definition of a cabal, as a group of persons secretly united to bring about a change or overthrow of government. In the same era Cheney and Rumsfeld projected change also by their public lobbying, through the Project for the New American Century, for a more militant Middle East policy. In light of how COG was actually implemented in 2001, one can legitimately suspect that, however interested this group had been in continuity of government under Reagan, under Clinton the focus of Cheney’s and Rumsfeld’s COG planning was now a change of government.

Understandably there is great psychological resistance to the extraordinary claim that Cheney and Rumsfeld, even when not in government, were able to help plan successfully for constitutional modifications, which they themselves implemented when back in power. Most people cannot bring themselves even to believe the second, known half of this claim: that on September 11, 2001, COG plans overriding the constitution were indeed implemented. This is why the first two print reviews of The Road to 9/11, both favorable and intelligently written, both reported that I speculated that COG had been imposed on 9/11. No, it was not a speculation: the 9/11 Commission Report twice confirms that COG was instituted on the authority of a phone call between Bush and Cheney of which they could find no record. No record, I did speculate, because it took place on a secure COG phone outside the presidential bunker – with such a high classification that the 9/11 Commission was never supplied the phone records.

A footnote in the 9/11 Report says

“The 9/11 crisis tested the U.S. government’s plans and capabilities to ensure the continuity of constitutional government and the continuity of government operations. We did not investigate this topic, except as needed to understand the activities and communications of key officials on 9/11. The Chair, Vice Chair, and senior staff were briefed on the general nature and implementation of these continuity plans.

The other footnotes confirm that no information from COG files was used to document the 9/11 Report. At a minimum these files might resolve the mystery of the missing phone call which simultaneously authorized COG, and (in consequence) determined that Bush should continue to stay out of Washington. I suspect that they might tell us a great deal more.

What is the first step out of this current state of affairs, in which the constitution has in effect been superseded by a higher, if less legitimate authority? I submit that it is to get Congress to do what the law requires, and determine whether our present proclamation of emergency “shall be terminated” (50 U.S.C. 1622, 2002).

An earlier polite, judiciously worded appeal to this effect failed. It may be necessary to raise the issue in a larger, albeit more controversial context: the scandal that a small cabal was able to supersede the Constitution, and Congress has failed, despite repeated requests, to do anything about it. I would hope that Americans concerned about this matter would raise it with all the congressional candidates in the forthcoming elections. At a minimum, candidates should promise to call for a full discussion of the proclaimed national emergency, as the law requires.

This is reprinted from Global Research. Go to the original for footnotes.

May 22, 2010

Peter Dale Scott, a former Canadian diplomat and English Professor at the University of California, Berkeley, is the author of Drugs Oil and War, The Road to 9/11, and The War Conspiracy: JFK, 9/11, and the Deep Politics of War. His book, Fueling America's War Machine: Deep Politics and the CIA’s Global Drug Connection is in press, due Fall 2010 from Rowman & Littlefield.

Copyright © 2010 Peter Dale Scott, GlobalResearch

It looks to me like the communitarians need America to have another civil war before they can completely destroy our nation. After all they've done to us I guess it just wasn't enough to make us into proper and obediant slaves. Based on nothing but hope and one short conversation with a Green Beret, I do not think all American law officers or all of our military will obey orders to fire upon unarmed or armed civilians. Maybe the soldiers who will kill their own familes and friends can shoot it out with the ones that won't kill Americans, and leave the civilian population out of it altogther. For a world led by such spiritually evolved and enlightened people, they sure act and plan like their god is Mars... and their ritual is war. If there has to be war, I say let the soldiers fight it... man to man. But evolved global weaklings don't even know what that means, do they?

Thanks to Consuelo for this:

December 10, 2009

RAND Corporation Blueprint for Militarized “Stability Police Force”

Posted by William Grigg on December 10, 2009 05:08 PM

The RAND Corporation, one of the most fecund research arms of the Military-Industrial-Homeland Security Complex, has released a study entitled A Stability Police Force for the United States: Justification and Creating U.S. Capabilities.

The SPFOR (to use the inevitable acronym) would be a “hybrid” military/law enforcement unit created within the U.S. Marshals Service (USMS) for use “in a range of tasks such as crowd and riot control, special weapons and tactics (SWAT), and investigations of organized criminal groups” — both abroad, in UN-directed multilateral military operations, and at home, as dictated by the needs of the Regime.

Initially as small as 2–6,000 personnel, the SPFOR’s size “could be increased by augmenting it with additional federal, state, or local police from the United States” as necessary.

The RAND study, which was conducted for the U.S. Army’s Peacekeeping and Stability Operations Institute, recommended using the Marshals Service rather than the US Army’s Military Police as host for the SPFOR in order to avoid conflicts with the Posse Comitatus Act, which forbids (albeit in principle more than in practice) the domestic use of the military as a law enforcement body.

“The USMS hybrid option … provides an important nondeployed mission for the force: augmenting state and local agencies, many of which currently suffer from severe personnel shortages,” states the report without explaining how the SPFOR could at once “augment” those under-manned agencies while at the same time being “augmented” by them if necessary.

That little lapse in logic is one of several indications that the report’s authors weren’t so much addressing a “problem” as making a case for a preordained “solution” — in this case, creating the vanguard of a militarized internal security force.

Building the SPFOR within the Marshals Service “would place it where its members can develop the needed skills under the hybrid staffing option,” summarizes the document. “Furthermore, the USMS has the broadest law enforcement mandate of any U.S. law enforcement agency…. [This model] provides significant domestic policing and homeland security benefits by providing thousands of additional police officers across the United States.” (Emphasis added.)

Back in 1961, the U.S. Government produced a document entitled “Freedom From War” that envisioned the creation of a globe-spanning United Nations “Peace Force” that would work in collaboration with a militarized “internal security” force in each country. Since that time, critics of the UN have anticipated the day when foreign “peacekeepers” would be assigned to police American streets and, if necessary, confiscate privately owned firearms.

While the monstrosity headquartered on the East River is a proper target of our scorn and hostility, the new RAND study underscores the fact that if “peacekeepers” end up patrolling American streets, they probably won’t be foreigners in blue berets, but homegrown jackboots commanded by Washington.

(My thanks to Jack Slater for tipping me about the RAND report.)

Fiscal Year 2010 Driver’s License Security Grant Program (DLSGP)

Synopsis

Full Announcement

Application

The synopsis for this grant opportunity is detailed below, following this paragraph. This synopsis contains all of the updates to this document that have been posted as of 12/08/2009 . If updates have been made to the opportunity synopsis, update information is provided below the synopsis.
If you would like to receive notifications of changes to the grant opportunity click send me change notification emails . The only thing you need to provide for this service is your email address. No other information is requested.

Any inconsistency between the original printed document and the disk or electronic document shall be resolved by giving precedence to the printed document.

Document Type:	Grants Notice
Funding Opportunity Number:	DHS-10-GPD-089-001-01
Opportunity Category:	Mandatory
Posted Date:	Dec 08, 2009
Creation Date:	Dec 08, 2009
Original Closing Date for Applications:	Feb 12, 2010 Applicants are advised to carefully review the submission requirements contained within the Fiscal Year 2010 Driver’s License Security Grant Program Guidance and Application Kit.
Current Closing Date for Applications:	Feb 12, 2010 Applicants are advised to carefully review the submission requirements contained within the Fiscal Year 2010 Driver’s License Security Grant Program Guidance and Application Kit.
Archive Date:	Mar 14, 2010
Funding Instrument Type:	Grant
Category of Funding Activity:	Other (see text field entitled "Explanation of Other Category of Funding Activity" for clarification)
Category Explanation:	Homeland Security – Preparedness
Expected Number of Awards:	56
Estimated Total Program Funding:	$48,000,000
Award Ceiling:
Award Floor:	$600,000
CFDA Number(s):	97.089 -- Real ID Program
Cost Sharing or Matching Requirement:	No

Eligible Applicants

State governments

Additional Information on Eligibility:

State Motor Vehicle/Drivers License Issuing Authorities, also known as the State Motor Vehicle Administration (MVA), or the State Department of Motor Vehicles (DMV), State Public Safety Agencies or Departments with overall responsibility for drivers’ license issuance in the State on behalf of the State DMV/MVA.

Agency Name

Region 1

Description

The Fiscal Year 2010 DLSGP provides funding to prevent terrorism, reduce fraud and improve the reliability and accuracy of personal identification documents that states and territories issue. DLSGP is intended to address a key recommendation of the 9/11 Commission to improve the integrity and security of State-issued driver’s licenses and identification cards.

Link to Full Announcement

Announcement URL

If you have difficulty accessing the full announcement electronically, please contact:

Centralized Scheduling & Information Desk (CSID) Help Line
(800) 368-6498
askcsid@dhs.gov

FEMA Call Center
(866) 927-5646
ASK-GMD@dhs.gov
FEMA GPD Call Center

Synopsis Modification History

There are currently no modifications for this opportunity.
http://www.grants.gov/search/search.do?mode=VIEW&oppId=50569

Big Mother cares about all our children so much... doesn't she? Thanks for this Pete!

FEMA Announces Creation Of Children's Working Group

http://www.fema.gov/news/newsrelease.fema?id=49221
Release Date: August 4, 2009
Release Number: HQ-09-094
WASHINGTON, D.C. -- While testifying before the Senate Ad Hoc Subcommittee on Disaster Recovery today, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Administrator Craig Fugate announced the creation of a "Children's Working Group."

The working group will allow FEMA and its partners to explore and implement planning and response strategies specific to children throughout the agency and ensure that during a disaster the unique needs of children are not only considered, but fully integrated into how FEMA administers this support to states and the public.

"It is time for special needs populations, whether children or any other segment of our communities who have traditionally been underserved, to be more fully and consistently integrated into preparedness and planning efforts at every level of government," Administer Fugate said. "Children are a part of every community. We must understand and address their needs from the outset, recognizing that they are not simply small adults. That means not putting the considerations specific to children in a separate box, but incorporating them into our planning on the front end."

The Children's Working Group will be composed of FEMA employees across multiple directorates and offices to ensure coordination and action, and will report directly to the Office of the Administrator. The working group will be chaired by Tracy Wareing, counselor to Secretary Napolitano for FEMA.

Areas of focus of the Children's Working Group will include:

Child-specific guidance as to evacuation, sheltering, and relocation;
Tracking and reunification of families;
Coordinated case management supports;
Enhanced preparedness for child care centers and schools as well as for children in child welfare and juvenile justice systems;
Enhanced national planning, including incorporation of children into national planning scenarios and exercises;
Incorporation of children's needs into grant guidance;
Improved recovery coordination across the federal family and with state and local partners in support of children's education, health and housing;
Consideration as to how the federal family can help ensure child care centers are able rebuild and restore services more quickly following a disaster, and;
Increased public awareness efforts to educate families and protect children during disasters.

FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.
Last Modified: Tuesday, 04-Aug-2009 11:35:36

I was able to watch part of this video, hard to tell if it's for real since I never watch TV anymore so it always looks fake to me when I see it. If it's real it's still been edited with overlapping commentary and lettering, which lessens its value to me. It does seem like we're moving into a lot of people need to die phase, but there's always the possibility that the riots and chaos the communitarians expect won't happen, and that's such an integral part of their plan it could end up being a real glitch. Lame, I know, kind of like "what if they had a war and nobody came?" What if they had a war and nobody knew?

http://www.youtube.com/watch?v=QtGofsHaj3M

I got this link in a forward from a guy I don't know. I don't know who this woman is, but I sure like her style of research and presentation. (I think it's great that she says she does NOT support Alex Jones in her "about me.") She seems smart, but she could be wrong about this, right? Maybe, like they did with the TSA taser wristband story, someone from Homeland Security will come and reassure us they don't have 500,000 plastic body bags stored on a lot in Madison, Georgia.

http://fight-tyranny.blogspot.com/2008/07/500000-fema-plastic-coffins-in-madison.html

Sunday, May 23, 2010